Welcome to Nagero Irish Sport Horses (Nagero Sport Horses). We and our affiliates provide access to the Irishsporthorses.ie website (the “website”) and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these conditions.
If you do not agree to these terms and conditions of use, please refrain from using our Website.

Information about us
www.irishsporthorses.ie is a website operated by Nagero Sport Horses. I am a sole trader registered in the Republic of Ireland under company number: 367411.
The registered office is at Muingwee, Lyreacrompane, Listowel, Co. Kerry. Ireland.

Accessing our Website
Access to this Website is permitted on a temporary basis, and I reserve the right to withdraw or amend the service I provide on the Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
Our Website changes regularly
We aim to update our Website regularly, and may change its content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may become out of date at any given time, and we are under no obligation to update such material.

TERMS AND CONDITIONS
Terms of use

The content of the pages of this website is for your general information and use only. By registering as a user, or by using the Website, you agree to be bound by our terms and conditions (subject to change without notice). The Website is available for use by any member of the public who has agreed to these terms. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
This website uses information from a range of sources, including content uploaded from information provided by outside parties in good faith on the basis of warranties made by them and parties who allow us to publish information. We screen all material on the Website before it is posted, but you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

Content

Nagero Sport Horses shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any content another seller has provided in connection with this Website shall be deemed to be provided on a non-confidential basis. You warrant that you own or have the authority to supply all text, artworks and other material given or uploaded to the website. You grant us a non-exclusive perpetual, worldwide, royalty-free license to copy, display and modify that material by any means (including in electronic, video and printed form). Any and all press releases or other public announcements related to your advertisement on the Website, including their method and timing, must first be approved in advance by us in writing. You may not claim any association with Nagero Sport Horses without our written permission. The Website www.irishsporthorses.ie is a listing service that brings together buyers and sellers. Information about a particular animal or service is supplied by the seller, not by Nagero Sport Horses unless stated as such. Nagero Sport Horses will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does Nagero Sport Horses take title to any of the animals offered for sale on the Website, unless it is expressly indicated. The price and other terms of any sale are transparent on the website www.irishsporthorses.ie. The prices listed on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular horse or pony. Though we hope that all who come to this Website will act honourably and treat each other fairly, we can’t verify the information sellers supply or guarantee or warranty the products, animals, or services they offer.Nor can we assure the seller that the monies received from the buyer to Nagero Sport Horses, isn’t a fraudulent payment. When using this Website to find a buyer for your animal, or an animal you can buy, we urge you to use the same common sense and good judgement you would use in selling an animal through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy scepticism and your own good judgement. Every horse or pony advertised with Nagero Sport Horses is open to being vetted and/or X-ray. We strongly suggest you obtain the services of a Veterinarian or other qualified individual, as applicable, to evaluate any animal you are considering. The cost for Veterinary Inspection is to be paid for by the Purchaser. When you allow us to advertise your horse or pony on this Website, you must be prepared to sell the animal, or service in the ad at the price at which, and the terms on which it is listed. You must have possession of the actual item or animal listed and have the ability to transfer ownership. To list an animal or service for sale on the Website, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit Nagero Sport Horses to communicate directly with the seller. You may not charge any potential buyer for information about any item, animal or service listed for sale on the Website, nor may you use the Website to promote, without our prior written permission, any other Website, product or service. Nagero Sport Horses reserves the right to deny use of the Website to anyone who does not comply with these requirements or who otherwise uses the Website in a manner we consider, in our sole discretion, inappropriate. Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you provide transmitted through the Website. Nothing will undermine a user’s confidence in the item you’re looking to sell faster than inaccurate statements or misleading representations about the item. Since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Website users fairly and honourably. If we otherwise learn, that a seller, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, Nagero Sport Horses reserves the right to deny that seller use of this Website. By using the Website you agree not to supply or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Website. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency or subpoena), to enforce our Terms of Use, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Nagero Sport Horses. By advertising on our Website, you agree the selling terms agreed. Please see Sellers Terms and Conditions that will outline the terms and conditions particular to your obligation of selling a horse on the http://www,irishsporthorses.ie website.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Children

If you are under 18, you may use the website only with the involvement of a parent or guardian.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ITM’s express written consent.

Copyright and database rights

This site is produced, owned and operated by Nagero Sport Horses. All content included on the website, such as text, graphics, logos, button icons, images and software, is the property of Nagero Sport Horses or its subsidiaries, its affiliates or its content suppliers and is protected by Ireland and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Nagero Sport Horses and its affiliates and is protected by Ireland and international copyright and database right laws.

All software used on this website is the property of Nagero Sport Horses, its affiliates or its software suppliers and is protected by Ireland and international copyright laws. You may not systematically extract and/or re-utilise parts of the contents of the website without Nagero Sport Horses’ express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this website, without Nagero Sport Horses’ express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Nagero Sport Horses’ express written consent.

Copyright claims

Nagero Sport Horses and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@irishsporthorses.ie

Trademarks

Nagero Irish Sport Horses and other marks indicated on our website are trademarks or registered trademarks of Nagero Sport Horses or its subsidiaries in the European Union, the United States and/or other jurisdictions. Nagero Irish Sport Horse’s graphics, logos, page headers, button icons, scripts and service names are the trademarks of Nagero Sport Horse and may not be used in connection with any product or service that is not Nagero Sport Horses, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Nagero Sport Horses. All other trademarks not owned by Nagero Sport Horses that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nagero Sport Horses.

Copyright claims

Nagero Sport Horses and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@irishsporthorses.ie

Availability and Delivery

We list availability information for horses sold by us on the website, beyond what we say on that page or otherwise on the website, we cannot be more specific. Please note that delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such, although we strive to deliver on time. As we process your order, we will inform you by email or phone if any horse or pony you wish to buy turns out to be unavailable.

Our contract

When you wish to purchase a horse or pony through Nagero Sport Horses, you MUST CONTACT US FIRST by telephone or email to ascertain availability and suitability.
When you place an order to purchase a product through Nagero Sport Horses, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to purchase a horse/pony which is accepted and then that horse/pony is dispatched to you and this is confirmed by an email we send to you confirming that we have dispatched the horse/pony (the ‘Dispatch Confirmation E-mail’). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. You are seeking to enter into a contract with the seller of the horse when you place an order.
The ownership of the Horse shall pass from the Seller to the Purchaser upon receipt of cleared funds and Nagero Sport Horses recommends that the Purchaser adequately insures the Horse, as responsibility for the Horse passes to the Purchaser.It is strongly recommended that you insure your horse or pony during transportation and we can assist you with such a policy.

Limitation of liability

Nagero Sport Horses shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if Nagero Sport Horses has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services. We take no responsibility for use of sellers’ listings by persons engaged in mass email, spamming activities, denial of service attacks or other like activities. We make all possible effort to ensure that this website is free from viruses and defects. However, we cannot guarantee that use of this Web Site or of any web sites accessed through it, will not damage your computer; we shall not be liable for any loss or damage incurred as a result of using this Web Site.
Nagero Sport Horses or its subsidiaries, its affiliates or its content suppliers do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement.

Financial Transactions and Information

Where you must enter financial information online to pay any fees, we engage a third party to provide a secure payment transaction facility and we will not receive your financial information.

Returns

If you would like to cancel your order you need to submit a cancellation request in writing to Nagero Sport Horses, Muingwee, Lyreacrompane, Listowel, Co. Kerry. Ireland. This must be affected as soon as possible, considering that delivery to the United Kingdom for example is within 7 working days of the date on your order confirmation email which is sent when submitting your online order and sometimes sooner!

If, when you receive your horse you are not satisfied then you must notify Nagero Sport Horses immediately in writing;(email is acceptable) within fourteen days of the date you receive the horse. Please state reason for wanting to return the said horse. IF it is a horse that belongs to and was purchased directly from Nagero Sport Horses then we will arrange to collect it for you and you will have to pay for the return trip plus 10% of its purchase price which will go towards the livery charge with us whilst we are waiting for another buyer for your horse. We are happy to market the horse for you until sold at no charge apart from the 10% charge. If you are happy to hold the horse in your care until we find you a replacement then there will be no charges incurred apart from the cost of the return trip and we will simply collect the horse and deliver another when we have found you another horse that you consider suitable. IF however, Nagero Sport Horses have purely been a facilitator between you as a buyer and the private seller of a horse then the best we can do is to forward your dispute and details to the vendor and likewise their details to you. Any dispute will then be simply between you as the buyer and the seller of the horse. AGAIN! When using this Website to find a buyer for your animal, or an animal you can buy, we urge you to use the same common sense and good judgement you would use in selling an animal through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy scepticism and your own good judgement. Every horse or pony advertised with Nagero Sport Horses is open to being vetted and/or X-ray. We strongly suggest you obtain the services of a Veterinarian or other qualified individual, as applicable, to evaluate any animal you are considering.

Warranty conditions are that the Horse must be returned in the same condition as when it left the vendor’s premises. It must not be injured or blemished in any way, not had it’s tail or mane clipped or cut, legs shaved, be branded or freeze-marked, or replacement micro-chipped; It must have shoes/feet in same condition as it left, and we reserve the right to have a veterinary surgeon inspect the Horse upon its return.

The horses and ponies we advertise for sale will not be covered by the distance selling regulations; either because you have physically viewed and assessed the horse yourself, or because they are sold by a private individual. We do like our customers to be happy and will try and find you an alternative horse if you are not happy with the one you purchased but cannot guarantee this. When buying from a private seller, the item only has to be owned by the seller and fit their description. The item does not have to be suitable for any purpose. So it is very much a case of “buyer beware”. You should check the item carefully and make sure you are happy before you buy it

Export

When buying a horse DO NOT pay for the horse online without contacting Nagero Sport Horses first. Suitability and compatibility of horse and rider needs have to be evaluated. Transport costs to other destinations can be advised. Individual Countries have import policies that vary. We can arrange all export documentation and health checks and liaise with quarantine facilities and as the final costs can vary it is important you contact us first.

Indemnity
You agree to indemnify and hold Nagero Sport Horses and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable legal expenses, made by any third party due to or arising out of your content, your use of or connection to the Website (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.

Spam

No spamming or data scrapping is allowed. We want potential buyers visiting the Website to feel free to share their email addresses with us when enquiring about horses for sale on our site. By listing an animal or service on this site, we agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that animal or service. By using this Website, we agree not to use information concerning other users of the Website, or the services or animals they’ve listed or searched for on the Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed horse.

Electronic communications

When you visit the website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Requests
Please note client requests are not guaranteed by Nagero Sport Horses and are purely at the discretion of the Trainer, Breeder or Owner. Nagero Sport Horses is in no way responsible for requests that have not been honoured by the Trainer, Breeder or Owner. Nagero Sport Horses is within its rights to implement Force Majeure therefore is not liable for circumstances caused by conditions beyond its control, including natural disasters, riots, strikes, acts of terrorism, sanitary disruption, civil unrest, restrictions by local authorities.

Disclaimers

Nagero Sport Horses provides the Site and Services on an “as is” and “as available” basis, and the User uses the Site and Services at his/her sole risk. Nagero Sport Horses shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services. Nagero Sport Horses makes no warranty that the Site or Services will meet the User’s requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does Nagero Sport Horses make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected. Nagero Sport Horses expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User’s own discretion and risk. Nagero Sport Horses is not responsible for any damage to the User’s computer system or loss of data that results from the download of such Content and/or Material. Nagero Sport Horses makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services unless expressly indicated. No advice or information, whether oral or written, obtained by the User from Nagero Sport Horses shall create any warranty not expressly made herein.

Privacy

We at Nagero Sport Horses respect your privacy. We will only collect, use and disclose any personal information in accordance with our Privacy Statement, to the extent specifically required by law, or where reasonably contemplated by these terms (including disclosing information in connection with any query or claim). You acknowledge and agree to our Privacy Statement (as amended from time to time) which is available here and consent to the collection and use of personal information in accordance with that statement. We do not agree to withhold any information about you that is already in the public domain or that you upload onto the Website. The material that appears on this Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing animals, or services you’ve read about on this Website, you should confirm with us any information (including the price) that is important to your purchasing decision. Nagero Sport Horses is not responsible for, and does not guarantee the condition, soundness, health, physical appearance, performance, or any other aspect of any such animal or service unless expressly indicated.

Other provisions

These terms (together with any policies we publish) constitute the entire agreement between you and us relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter. You may not assign your rights or obligations under these terms to third parties. If any part of these terms is unenforceable the remainder will not be affected. A waiver of any of these terms will only be effective if it is in writing and signed by us. No matter where you are located, these terms are governed by the laws of Ireland and we each submit to the non-exclusive jurisdiction of those courts.

Our liability

The material displayed on our Website is provided without any assurances, guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we and third parties connected to us hereby expressly exclude:
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) Loss of business;

(iii) Loss of profits or contracts;

(iv) Loss of anticipated savings;

(v) Loss of data;

(vi) Loss of goodwill;

(vii) Wasted management or office time; and

(viii) For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

The above exclusion does not affect the liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or deceit, or any other liability which cannot be excluded or limited by law.

You will not hold us responsible for any loss you may incur as a result of our taking any of the actions described in the Acceptable Use Policy nor for other users’ actions or inactions, including, without limitation, items they provide for us to list or their destruction of allegedly fake items. You acknowledge that we are an agent of a seller and that our Website is a facility to allow users the opportunity to advertise for sale and to sell and buy horses. We don’t have ownership or possession of some items listed or sold on the Website unless stated.
We review users’ listings and content and are involved in the pre-contract negotiations and the contracts for sale or any other transactions between buyers and sellers who use our Website.
You accept sole responsibility for the legality of your actions under all laws applicable to you and the legality of any content posted on our Website.

Transactions concluded through our Website

Our Website simply offers sellers an online medium for advertising horses for sale. Sellers deal directly with Nagero Sport Horse throughout the selling process; there are no costs to buyers in accessing the site.
We advise that it is the buyers’ responsibility to make their own enquiries as to the existence and quality of horses for sale including the determination as to whether any second veterinary or other inspections are required. The parties are also required to ensure the contract for sale and any other transaction meets all obligations that are applicable under relevant sale of goods and other legislation including, but not limited to, Sale of Goods and Supply of Services Act 1980, and European Union (Consumer Information Cancellation and Other Rights) Regulations 2013, Consumer Protection Act 2007, EU Unfair Commercial Practices Directive, and any other legislation that may apply from time to time.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order.
We do not provide any assurance as to the success of any advertisement and whether a contract for sale will be entered into and duly performed.

You agree that all negotiations, representations and contacts between the users of our Website are conducted entirely at each party’s own risk.
We make our Website available for you and others to publish and receive information relating to the sale of horses, without assuming any duty of care to users. It is your responsibility to verify any information on our Website before placing reliance on it. We do not provide professional advice unless expressly contracted to do so and you agree that any contract or purchase or other transaction will be made solely in reliance on your own enquiries and inspections and that we give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on our Website and/or linked sites from our Website, the suitability, quality or existence of advertised items or the ability of parties to enforce or complete a contract for sale or any other transaction.

To the fullest extent permitted by law we exclude any and all warranties, express or implied, regarding:
(a) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on our Website and/or of any linked sites; and
(b) The merchantability or fitness for any particular purpose of any goods, service or product contained or referred to on our Website and/or on any linked sites.

We do not warrant that sellers are the legal owners of items advertised for sale. We do not warrant that any statement made by or attributed to a party is accurate or that the stated address of any party is the address of such party. You may refer any inaccuracies or concerns to us, which we will deal with at our discretion, without liability therefore.
You acknowledge that we are not liable for any direct, indirect or consequential loss or damage (including legal fees and other costs incurred) arising from or in any way connected with the purchase, sale or other agreement between users of our Website and/or any inaccuracy or incompleteness of information contained on our Website or any related material.
Any press releases or other public announcements related to an advertisement on our Website, including their method and timing, must first be approved in advance by us in writing. Users of our Website may not claim any association with us without our prior written permission.
You agree to be entirely responsible for the payment of any commission, or any other payment, that is owed to any third party as a result of a successful sale using this website. This includes, but is not limited to, any commission that may be owed to third parties including auction houses, with whom you have registered and who may be entitled to receive a specified % fee or commission on the sale of an advertised horse or other goods and services, irrespective of the method of sale. As a seller listing on this website you are solely responsible for determining whether any commission is payable to a third party in the event of a sale via this Website (i.e. even if sale is not made successfully through their advertisement or auction service) and we will not incur any liability in this respect whatsoever.

Reliance on information posted

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore exclude all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Registering as a seller and Forwarding Information to upload to our Website

Any material uploaded to our Website will be considered as being non-confidential and non-proprietary, and that we have the permission, licence and the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a breach of their intellectual property rights, or of their right to privacy.

We will not be responsible or liable to any user of our Website or any third party, for the content or accuracy of any materials posted obtained from you and used on our Website.

We have the right to not upload any material or posting you wish to make on our Website if, in our opinion, such material does not comply with the content standards, set out in our acceptable use policy.

We reserve the right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on our Website at any time

Delivery of advertisement and performance of service contract

Completion of the contract for service between us and a seller whereby we agree to place an advertisement on our Website on behalf of a seller will occur when the advertisement goes live on the Website. This constitutes a delivered service at that point in time and the advertisement cannot be withdrawn without our consent.

Refunds

At the time we post an advertisement on the Website on behalf of a seller the advertisement is deemed to have gone “live” and this constitutes completion of our contract for service with the seller. The Distance Selling Legislation does not apply where a horse has been tried in person. Where there is dispute as to the accurate description of a horse or Pony, this is to be decided solely between the vendor and the purchaser. The distance buyer scheme rarely applies as most of the horses and ponies we advertise are from Private sellers rather than dealing yards so we strongly advise buyers to fly in and try horse’s they are interested in.

Any refunds given by us will be made to the debit/credit card or bank account account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return. Insurance is highly recommended.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties throughout the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status and that of any identified contributors as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms and conditions of use, your right to use our Website will cease immediately and you must forthwith, at our option, return or destroy any copies of the materials you have made.

All information, data and other content that is visible and/or accessible on our Website remains within the ownership of the relevant proprietor. This includes any intellectual property in photographs of horses owned by the photographer (or subsequent owner) and other associated content.

Warranties and indemnity

You represent and warrant to us that:

(a) You are over 18 and otherwise have the legal capacity, right and authority to agree to and be bound by these terms and conditions of use;

(b) You have submitted to us full, truthful and up to date personal information in the seller registration process;

(c) Any advertisements comply with applicable law;

(d) If you offer horses or any other products or services for sale or lease on our Website you also warrant to us that all information given to the prospective purchaser is accurate, truthful, and not misleading;

(e) You are the legal owner or otherwise authorised to sell an advertised horse, product or services.

(f) After making all reasonable enquires to the best of your knowledge and belief any horse you are responsible for advertising on the Website is not suffering from any ailments nor are there any other issues which have not been disclosed.

(g) In relation to horses or shares in horses, comprehensive disclosure will be made to a purchaser prior to entering into an agreement for sale of the horse about whether the horse has been subject to:

(i) Surgical procedures; and/or

(ii) any prohibitions or restrictions imposed by a horse racing authority;

You are deemed to have agreed to indemnify, and to keep indemnified, us and our officers, employees, agents and subsidiaries against any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:

(a) Your use of our Website;

(b) Your breach of a warranty, undertaking or assurance contained in these terms and conditions of use;

(c) Your breach of any other of these terms and conditions of use including any act, omission, negligence or default by you or your employees, licensees or clients; and

(d) The content of your uploaded material and/or the negotiation, enforcement of sales or the transfer of data or money between you and another user.

Information about you and your visits to our Website

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and not misleading.

Moderation of Use

We have no obligation to monitor or moderate any user’s activity or use of our Website. However we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulations, legal process or regulatory authority request or to determine your compliance with these terms and conditions of use.

Access to our Website from outside Ireland

We do not represent or warrant that the content on our Website complies with the laws of any jurisdiction outside of Ireland. If you access our Website from outside Ireland, you do so at your own risk.

Links to other websites

Our Website may contain hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and the provision of such a link is for your information only. Our inclusion of hypertext links to such websites does not constitute a warranty from us as to the consequences of such use or imply any endorsement of such websites. We accept no responsibility in respect of such websites or for any loss or damage that may arise from your use of such websites.

Content Standards

Advertisers are solely responsible for the content of their advertisements listed on our Website. You understand that all information publicly posted or privately transmitted through our Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of our Website. You agree that we cannot provide any assurance or guarantee as to the authenticity of any data which users may provide unless the horse and seller has been verified personally by us.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

Breach of this provision, will constitute a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Website

You may establish a link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You shall not establish a link to our homepage from any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw the within permission without notice. The Website from which you establish a link must comply in all respects with the content standards set out in our acceptable use policy.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the website as long as the link does not portray Nagero Sport Horses, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nagero Sport Horses logo or other proprietary graphic or trademark as part of the link without Nagero Sport Horses’ express written consent. Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Cookies

We may use cookies to enhance your user experience & to control the flow of the registration processes by maintaining the state of your online transactions, and control browsing and searching on the site. We may use them to help analyse web page flow, customise services, content and advertising and promote trust and safety. You can block our cookies by changing the settings on your browser but this may hinder your use of our services. There may be occasions when we collect your personal information from other sources such as from other users who provide us with a referral or complaint.

Our Relationship with Third Parties

We may from time to time enter into financial or other arrangements with third parties, in our sole discretion, that wish to advertise on our website including arrangements under which we receive a fee for promoting a business on our Website or receiving a fee in return for generating specific revenue opportunities.

Jurisdiction and applicable law

The Courts of Ireland will have exclusive jurisdiction over any claim arising from, or related to, your use of our Website although we reserve the right to bring proceedings against you for breach of these terms and conditions of use in the jurisdiction of your residence or any other relevant jurisdiction.

These terms and conditions of use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

Variations

We may revise these website terms and conditions of use at any time by amending these pages and you shall be deemed to have agreed to all such revisions if you continue to use the Website following such revision. You are advised to check these pages from time to time to identify if any amendments have been made. All such amendments are binding on you. Some of the provisions contained in these terms and conditions of use may also be superseded by provisions or notices published elsewhere on our Website.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Content

When you provide us with content, you are deemed to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content in any media known now or in the future. In addition, for such purpose you waive all moral rights which you may have in the content to the fullest extent permitted by law.

Interpretation

For the avoidance of any doubt, these terms and conditions of use (which apply to all use of the Website) shall apply to any service provided by Nagero Sport Horses or any subsidiary to any user of the Website.
Further Information
If you require further information or have concerns relating to material which appears on our Website, please contact support@irishsporthorses.ie
Thank you for visiting our Website.

Nagero Sport Horses.
February 2014.